My fiance is currently serving a two year sentense in TX. Since the day my guy was sentensed we have been under the assumption that he would be deported and we would move to Colombia (his home country) and live there. That is what his lawyer told us, at least. His criminal lawyer even wrote letters to ICE and TDCJ saying he needs to be deported and my guy has even already been taken to talk to ICE (we don't care if he is deported, we just want him somewhere away from prison). The weird thing is, he still does not have a detainer on his time sheet and he release (on parole) is fast approaching. So, I started to research some more on the web and have come to realize that I THINK his case is not an aggravated felony but rather one of moral turpitude. He had been here for 6 years when it happened and it was a first offense so now I don't think he will get deported for it. (moral turputude crimes state you can't ever get two or one in your first five years of entry, i believe) I don't know, I am so confussed and don't know what to think. So this leads me to my question....
He was living here on a work visa (which obviously requires him to be working, right?). So if he isn't deported for the offense what happens to his status? Could I then marry him (I'm a US citizen) and get his status adjusted to be here legally and never get deported? This is such a mess, I don't know what to think. Honestly, I think we both want him to be deported because we don't want him to live here with a felony on his record. He is a mechanical engineer and they all do background checks. There is no way he would find a job here in the field he loves. But if he didn't get a lifetime ban on the US, it would be wonderful because both of our families are here. I mean, once he is out can we just go to ICE somewhere and let him turn himself in or what?
If any of you know anything about any of this I would love to hear from you but I have a feeling I just need to go to a lawyer.
It is more than likely that he will be deported. According to the information that you provide, he has been convicted of a felony, and his term of imprisonment is more than one year.
Why would someone, given the opportunity to escape from Colombia be stupid enough to commit a felony?
Yes, you would think he would be deported but he doesn't have a hold on him like he should by now so we are trying to prepare in case he isn't detained. People slip through ICEs hands all the time from what I have heard. Trust me, we don't want him to slip through. We are prepared to go live in a country that is beautiful and full of nice people and live a great life since we are both educated individuals.
I thought you couldn't leave the state or even area when you are released on Parole. So I don't think we have a free choice. That is why I am so confussed and don't know if he should just go to ICE and turn himself in, is that even possible? I would love to hear from anyone that is more educated on this subject.
Thanks but the issue is not the case/crime. He pled guilty to a third degree felony but that makes no difference if ICE won't put a hold on him. I've already tried even calling the prison to get the detainer put on but they can't do it. We are not hiding that he is not a US citizen. My issue is about his work visa. Even though it was granted for three years last Febuary, he has not been working since he entered prison in August. So wouldn't that make him be an illeagle immigrant at that point so what do we do? Do we turn him into ICE or do I marry him and change his status if that is even possible. If there is a way to get him to leave without a bar from the USA forever, we would like to try that approach but I am sure that won't work. The most important thing is just getting him back home to Colombia without getting in more trouble with ICE for not turning himself in.
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I wouldn't marry him in Prison we would get married once he got out.